Cian Dowling v. Northampton, City of - Police Department (SPR 20252306)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 22, 2025 SPR25/2306 Julie A. Gaudreau Records Supervisor Northampton Police Department 29 Center Street Northampton, MA 01060 Dear Ms. Gaudreau: I have received the petition of Cian J. Dowling appealing the response of the Northampton Police Department (Department) to a request for public records. See G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On July 25, 2025, Mr. Dowling requested, [1] Any and all internal communications, memoranda, emails, notes, or documents referring to or related to the denial of my License to Carry (LTC) application in April 2025; [2] Any communications or referrals sent to the Massachusetts Department of Probation or any other agency in connection with the denial of my LTC application; [3] Any documents reflecting the rationale or justification for such referral. The Department provided a response on August 7, 2025. Unsatisfied with the Department’s response, Mr. Dowling petitioned this office and this appeal, SPR25/2306, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Julia A. Gaudreau SPR25/2306 Page 2 August 22, 2025 It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. See G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. See G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Department’s August 7th Response In its August 7, 2025 response, the Department stated, “… the Department requires additional time beyond the 10 business days allotted under the law in order to respond to this request. We are advising that additional time is required, not to exceed fifteen business days, which represents a reasonable timeframe under the law. We expect to provide you with a response to the above records request by or before August 29, 2025.” Current Appeal In his August 8, 2025 appeal to this office, Mr. Dowling stated, “[t]he Department’s letter states it will not produce the requested records until on or before August 29, 2025 – one day after my scheduled court hearing. This delay will prevent me from reviewing and using potentially material evidence in my defense…” This office has reviewed the trial court’s docket and verified that the requested records are the subject of active and ongoing litigation in the Northampton District Court. See Cian James Dowling vs. John D. Cartledge, (Docket No. 2545CV000071). Active Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In light of the active litigation, I decline to opine on the matter at this time. See 950 C.M.R. 32.08(2)(b). Please note that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b).

Julia A. Gaudreau SPR25/2306 Page 3 August 22, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Cian J. Dowling